KSC, TITLE 6.  THE JUDICIARY
 
Chapter 46.  Bail

Section 6.4601.  Right.
Section 6.4602.  Setting.
Section 6.4603.  Notice by Police.
Section 6.4604.  Amount.
Section 6.4605.  Form and disposition; sureties.
Section 6.4606.  Modification.
Section 6.4607.  Exoneration and release.
Section 6.4608.  Personal recognizance.

      Section 6.4601.  Right.
       A person arrested for an offense has the right to release by the Court on bail before conviction, unless he is under the influence of intoxicating drink or drugs and the Court determines that he will be offensive to the general public.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.

      Section 6.4602.  Setting.
       The Court may set bail upon issuance of an arrest warrant by endorsement on the warrant, or at any time prior to conviction.  The Court may release a person following a stay of execution of sentence.

      Section 6.4603.  Notice by Police.
       When an arrested person, for whom the Court has not set bail or to whom has once denied bail in the case of murder in the first degree, notifies a police officer that he wants to give bail, the police officer through his chain of command notifies the Court which may order the appearance of the arrested person before the Court.

      Section 6.4604.  Amount.
       The Court sets bail in an amount which it finds will insure the accused's presence in the future, taking into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the danger the accused poses to the community, and the accused's financial ability and character.

      Section 6.4605.  Form and disposition; sureties.
       The Court may accept cash or bonds or notes of the United States as bail. Upon giving of a bail bond the Court may require a surety.  The Court may accept a person of good standing in the community who is in a position of moral or customary authority over the accused, such as his father or the head of his extended family group, as surety without the pledging of property if the [the] Court considers that the surety will reasonably guarantee the appearance of the accused. Otherwise, a surety is not acceptable unless the combined net worth beyond all just debts and obligations is not less than the amount of the bond.  The Court may require a surety to furnish proof of his sufficiency by oath or otherwise.  The Clerk of Court has custody of all property, money and materials given as bail.

      Section 6.4606.  Modification.
       For cause shown the Court may increase or decrease the amount of bail, require an additional surety, or allow a substitution of surety.  If the Court requires an increase with [in] the amount of bail or an additional surety, it may order the accused's detention unless he gives bail in the increased amount or furnishes the additional surety.

      Section 6.4607.  Exoneration and release.
       Upon the satisfaction of bail conditions, a deposit of cash in the amount of a bail bond, or a timely surrender of the accused into custody, the Court exonerates an obligor and releases the bail.

      Section 6.4608.  Personal recognizance.
       In the case of arrest for a misdemeanor the Court may order an accused's release on personal recognizance in a sum set by the Court, or without security, into the custody of a responsible member of the community, if the accused's usual place of abode or business or employment is in the State.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.
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